11/27/2007 Ordinances 9152ORDINANCE NO. 9152
An ordinance directing and authorizing an exchange of real estate with Funk
Family, LLC; dedication of easement and streets; providing for the giving of notice of such
conveyance and the terms thereof; providing for the right to file a remonstrance against such
conveyance; providing for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The City of Grand Island, Nebraska, will convey to FUNK
FAMILY, LLC a tract of land comprising of:
A tract of land comprising a part of the East Half of the Southeast Quarter
(E'/zSEI/4) of Section Twenty Four (24), Township Eleven (11) North, Range Ten
(10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska, more
particularly described as follows:
Commencing at the northeast corner of said East Half of the Southeast Quarter
(E'/ZSE'/4); thence S00°14'27"W on and upon the east line of said East Half of the
Southeast Quarter (E'/2SE'/4) a distance of Fifty Five and Ninety Two Hundredths
(55.92) feet to a point, thence S58°59'56"W on and upon the south right-of--way
line of the Union Pacific Railroad Company a distance of Thirty Eight and Thirty
Seven Hundredths (38.37) feet to a point on the west right-of--way line of Webb
Road; thence S00°15'00"W on and upon the west right-of--way line of Webb
Road a distance of One Thousand One Hundred Ninety Eight and Twenty
Hundredths (1198.20) feet to the Point of Beginning; thence N 87°00' 13"W a
distance of Six Hundred Thirteen and Ninety Six Hundredths (613.96) feet to a
point; thence S00°29'39"E a distance of Fifteen and Eight Hundredths (15.08)
feet to a point; thence S87°10'48"E a distance of Six Hundred Thirteen and Sixty
Eight Hundredths (613.68) feet to a point on the west right-of--way line of Webb
Road; thence N00°15'00"E on and upon the west right-of--way line of Webb Road
a distance of Thirteen and Eighteen Hundredths (13.18) feet to the Point of
Beginning. Said tract contains 8,663.3939 square feet more or less.
SECTION 2. The consideration for such conveyance shall be conveyance to the
City of Grand Island the following real estate:
Approved as to Form p L~~
November 26, 2007 p City Attorney
ORDINANCE NO. 9152 (Cont.)
A tract of land comprising a part of the East Half of the Southeast Quarter
(E'/2SE'/4) of Section Twenty Four (24), Township Eleven (11) North, Range Ten
(10) West of the 6th P.M., City of Grand Island, Hall County, Nebraska, more
particularly described as:
Commencing at the northeast corner of said East Half of the Southeast Quarter
(E'/2SE'/4); thence S00°14'27"W on and upon the east line of said East Half of the
Southeast quarter (E'/zSE'/4) a distance of Fifty Five and Ninety Two Hundredths
(55.92) feet to a point; thence S58°59'56"W on and upon the south right-of--way
line of the Union Pacific Railroad Company a distance of Thirty Eight and Thirty
Seven Hundredths (38.37) feet to a point on the west right-of--way line of Webb
Road; thence S00°15'00"W on and upon the west right-of--way line of Webb
Road a distance of One Thousand One Hundred Ninety Eight and Twenty
Hundredths (1198.20) feet to a point; thence N87°00' 13"W a distance of Six
Hundred Thirteen and Ninety Six Hundredths (613.96) feet to the Point of
Beginning; thence continuing the aforesaid bearing a distance of Five Hundred
and Twelve Hundredths (500.12) feet to a point on the east right-of--way line of
U.S. Highway #281; thence NO1°01'00"W on and upon the east right-of--way line
of U.S. Highway #281 a distance of Sixteen and Fifty Three Hundredths (16.53)
feet to a point; thence S87°11'41"E a distance of Five Hundred and Seventeen
Hundredths (500.17) feet to a point; thence S00°29'39"E a distance of Eighteen
and Nineteen Hundredths (18.19) feet to the Point of Beginning. Said tract
contains 8,665.6757 square feet more or less.
Conveyance of the real estate above described shall be by warranty deed, upon payment of the
consideration pursuant to the terms and conditions of an Agreement for Warranty Deed between
the parties.
SECTION 3. As provided by law, notice of such conveyance and the terms
thereof shall be published for three consecutive weeks in the Grand Island Independent, a
newspaper published for general circulation in the City of Grand Island. Immediately after the
passage and publication of this ordinance, the City Clerk is hereby directed and instructed to
prepare and publish said notice.
SECTION 4. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate; and if a
remonstrance against such conveyance signed by registered voters of the City of Grand Island
Approved as to Form •
- 2 - November 26, 2007 • City Attorney
ORDINANCE NO. 9152 (Cont.)
I.
l
equal in number to thirty percent of the registered voters of the City of Grand Island voting at the
last regular municipal election held in such City be filed with the City Council within thirty days
of passage and publication of such ordinance, said property shall not then, nor within one year
thereafter, be conveyed.
SECTION 5. The conveyance of said real estate is hereby authorized, directed
and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make,
execute and deliver to FUNK FAMILY, LLC, a warranty deed for said real estate, and the
execution of such deed is hereby authorized without further action on behalf of the City Council.
SECTION 6. The City of Grand Island shall dedicate streets and easements as set
[1
forth in Hwy 281 Subdivision Agreement and final plat.
SECTION 7. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: November 27, 2007.
r
Margar t Hornady, Mayor
Attest:
RaNae Edwards, City Clerk
Approved as to Form . ~
' 3 ' November 26, 2007 • ity Attorney